.310 Removal of action to District or Circuit Court -- Transfer of action to small claims division.
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24A.310 Removal of action to District or Circuit Court -- Transfer of action to
small claims division.
(1)
An action shall be removed from the small claims division to the regular docket of
District or Circuit Court as appropriate whenever the defendant's counterclaim
exceeds the jurisdictional limit of the division or the District Court.
(2)
An action shall be removed from the division to the District Court if a party
defendant would otherwise have a right to a jury trial and gives notice to the
division requesting a jury trial as provided in KRS 24A.320(2).
(3)
An action may be removed from the division to the District Court if the judge, in his
discretion, deems the action too complex for the simplified procedure of the
division.
(4)
An action originally filed in the District or Circuit Courts may be transferred to the
small claims division on motion of the defendant if the claim is within the
jurisdictional limit of, and otherwise could have been brought originally in, the
division, unless the plaintiff demands a jury trial. No action transferred to the
division shall be counted in the maximum number of claims that the plaintiff may
bring under KRS 24A.250(1).
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 9. sec. 13.